093_SB1873

 
                                     LRB093 10953 JAM 11531 b

 1        AN ACT concerning ethics.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.   The  Illinois  Governmental  Ethics  Act is
 5    amended by  adding  Section  4A-102.5  and  changing  Section
 6    4A-106 as follows:

 7        (5 ILCS 420/4A-102.5 new)
 8        Sec.   4A-102.5.  Electronic  disclosure.  Statements  of
 9    economic interests required to be filed with the Secretary of
10    State shall be converted  into  an  electronic  form  by  the
11    Secretary  of  State  and shall be posted on the Secretary of
12    State's web site.

13        (5 ILCS 420/4A-106) (from Ch. 127, par. 604A-106)
14        Sec.  4A-106.   The  statements  of  economic   interests
15    required  of persons listed in items (a) through (f) and item
16    (j) of Section 4A-101 shall be filed with  the  Secretary  of
17    State.   The  statements  of  economic  interests required of
18    persons listed in items  (g),  (h),  (i),  (k),  and  (l)  of
19    Section  4A-101  shall  be filed with the county clerk of the
20    county in which the principal office of  the  unit  of  local
21    government  with  which  the person is associated is located.
22    If it is not apparent which county the principal office of  a
23    unit of local government is located, the chief administrative
24    officer,  or  his  or  her  designee,  has the authority, for
25    purposes of this Act, to determine the county  in  which  the
26    principal  office  is  located.   On  or  before  February  1
27    annually,  (1)  the chief administrative officer of any State
28    agency in the  executive,  legislative,  or  judicial  branch
29    employing  persons required to file under item (f) of Section
30    4A-101 shall certify to the Secretary of State the names  and
 
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 1    mailing  addresses  of  those  persons,  and  (2)  the  chief
 2    administrative  officer, or his or her designee, of each unit
 3    of local government with persons described in items (h),  (i)
 4    and  (k)  of  Section 4A-101 shall certify to the appropriate
 5    county clerk  a  list  of  names  and  addresses  of  persons
 6    described  in  items  (h), (i) and (k) of Section 4A-101 that
 7    are required to file.  In preparing  the  lists,  each  chief
 8    administrative officer, or his or her designee, shall set out
 9    the names in alphabetical order.
10        On  or  before  February 1 annually, the secretary to the
11    board of education  for  local  school  councils  established
12    pursuant  to  Section 34-2.1 of the School Code shall certify
13    to the county clerk the names and mailing addresses of  those
14    persons described in item (l) of Section 4A-101.
15        On  or  before  April  1 annually, the Secretary of State
16    shall notify (1) all persons whose names have been  certified
17    to  him under item (f) of Section 4A-101, and (2) all persons
18    described in items (a) through (e) and item  (j)  of  Section
19    4A-101, other than candidates for office who have filed their
20    statements   with   their   nominating   petitions,   of  the
21    requirements for filing statements of economic  interests.  A
22    person required to file with the Secretary of State by virtue
23    of  more  than  one item among items (a) through (f) and item
24    (j) shall be notified of and is required  to  file  only  one
25    statement  of  economic interests relating to all items under
26    which the person is required to file with  the  Secretary  of
27    State.
28        On  or  before April 1 annually, the county clerk of each
29    county  shall  notify  all  persons  whose  names  have  been
30    certified to him under items (g), (h), (i), (k), and  (l)  of
31    Section  4A-101,  other  than  candidates for office who have
32    filed their statements with their  nominating  petitions,  of
33    the requirements for filing statements of economic interests.
34    A  person  required  to file with a county clerk by virtue of
 
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 1    more than one item among items (g), (h), (i),  (k),  and  (l)
 2    shall  be  notified  of  and  is  required  to  file only one
 3    statement of economic interests relating to all  items  under
 4    which the person is required to file with that county clerk.
 5        Except  as  provided  in  Section  4A-106.1,  the notices
 6    provided  for  in  this  Section  shall  be  in  writing  and
 7    deposited in the U.S. Mail, properly addressed,  first  class
 8    postage  prepaid,  on  or  before  the  day  required by this
 9    Section for the sending of the notice. A certificate executed
10    by the Secretary of State or county clerk attesting  that  he
11    has  mailed  the  notice  constitutes  prima  facie  evidence
12    thereof.
13        From  the  lists  certified  to him under this Section of
14    persons described in items (g), (h), (i),  (k),  and  (l)  of
15    Section  4A-101,  the  clerk  of each county shall compile an
16    alphabetical listing of persons required to  file  statements
17    of economic interests in his office under any of those items.
18    As  the  statements are filed in his office, the county clerk
19    shall cause the fact of that filing to be  indicated  on  the
20    alphabetical  listing  of  persons  who  are required to file
21    statements. Within 30 days after the due  dates,  the  county
22    clerk  shall mail to the State Board of Elections a true copy
23    of that listing showing those who have filed statements.
24        The county clerk of  each  county  shall  note  upon  the
25    alphabetical  listing  the  names  of all persons required to
26    file a statement of economic interests who failed to  file  a
27    statement  on  or  before May 1.  It shall be the duty of the
28    several county clerks to give notice as provided  in  Section
29    4A-105  to  any  person  who  has  failed  to file his or her
30    statement with the clerk on or before May 1.
31        Any person who files or has filed a statement of economic
32    interest under this Act  is  entitled  to  receive  from  the
33    Secretary  of  State  or  county clerk, as the case may be, a
34    receipt  indicating  that  the  person  has  filed   such   a
 
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 1    statement,  the  date of such filing, and the identity of the
 2    governmental unit or units in relation to which the filing is
 3    required.
 4        The Secretary of State  may  employ  such  employees  and
 5    consultants as he considers necessary to carry out his duties
 6    hereunder,   and   may  prescribe  their  duties,  fix  their
 7    compensation,  and  provide  for   reimbursement   of   their
 8    expenses.
 9        All  statements  of  economic  interests filed under this
10    Section shall be available for examination and copying by the
11    public at all  reasonable  times.  Each  person  examining  a
12    statement  must  first  fill  out  a  form  prepared  by  the
13    Secretary   of   State  identifying  the  examiner  by  name,
14    occupation, address and telephone  number,  and  listing  the
15    date  of  examination  and  reason for such examination.  The
16    Secretary of State shall supply  such  forms  to  the  county
17    clerks annually and replenish such forms upon request.
18        The  Secretary  of State or county clerk, as the case may
19    be, shall promptly notify each  person  required  to  file  a
20    statement   under   this  Article  of  each  instance  of  an
21    examination of his  statement  by  sending  him  a  duplicate
22    original  of the identification form filled out by the person
23    examining his statement.
24    (Source: P.A. 92-101, eff. 1-1-02.)